How to Move Your Business to the USA and Immigrate Through L-1A and EB-1C

If you already own or manage an established business outside the United States, expanding that company into the U.S. may create both a commercial opportunity and an immigration pathway.

Instead of starting a completely unrelated business in America, you may be able to open a U.S. branch, subsidiary or affiliated company and transfer yourself to the American operation as a manager or executive.

The immigration category most commonly used for this strategy is L-1A.

If the U.S. business grows successfully and meets additional requirements, the company may later be able to sponsor the manager or executive for permanent residence through EB-1C.

This strategy can potentially work for qualifying businesses from many countries around the world.

Your company may currently operate in:

• Canada;
• the United Kingdom;
• the UAE;
• Germany;
• France;
• Australia;
• Brazil;
• South Africa;
• India;
• China;
• or another country.

The key issue is generally not where the company is located.

What matters is whether the foreign business is genuine, active, and capable of establishing a qualifying business operation in the United States.

How the Business Expansion Immigration Strategy Works

The basic idea is simple.

You already operate a business outside the United States.

You then establish or acquire a related company in America and transfer a qualifying manager or executive to run or develop the U.S. operation.

A typical structure may look like this:

For a company entering the U.S. market for the first time, this is commonly referred to as an L-1A New Office strategy.

Can You Immigrate to the USA by Opening a Branch of Your Existing Business?

Potentially, yes.

U.S. immigration law allows qualifying multinational businesses to transfer managers and executives from a foreign company to a related U.S. company.

This does not mean that simply registering a corporation in America creates an immigration benefit.

A qualifying case usually requires all three parts of the business structure to be real:

The Foreign Company

You need an operating business outside the United States.

The company should have genuine commercial activity such as:

• customers;
• revenue;
• employees;
• contracts;
• business expenses;
• suppliers;
• products or services;
• and ongoing operations.

The U.S. Company

You need to establish or acquire a business operation in the United States.

Depending on the structure, this could be:

• a subsidiary;
• a parent company;
• a branch;
• or an affiliated company.

The Manager or Executive

The person transferring to the United States must meet the required employment and job-duty rules.

The immigration strategy is therefore based on expanding an existing multinational business, not simply buying a visa through investment.

Step 1: Make Sure Your Foreign Business Can Support a U.S. Expansion

Before creating the American company, the foreign business should be reviewed carefully.

USCIS will generally want to see that the overseas company is a genuine operating business.

How Active Does the Foreign Company Need to Be?

There is no single revenue or employee threshold that applies to every case.

A software company may have a very different structure from:

• a construction company;
• a manufacturing business;
• a restaurant group;
• an import-export company;
• or a professional consulting firm.

The important question is whether the business is genuinely operating and whether it can realistically expand into the U.S. market.

Evidence may include:

• tax filings;
• bank statements;
• payroll;
• employment records;
• client contracts;
• invoices;
• financial statements;
• office leases;
• supplier agreements;
• and company records.

Does the Foreign Company Need to Stay Open?

Yes, this is important.

The L-1 structure is based on an international business organization.

The foreign company normally needs to continue doing business while the manager or executive is working in the United States.

Closing the overseas company shortly after moving to America can create serious problems for the immigration structure.

Step 2: Decide How to Set Up the U.S. Business

The U.S. business must have the correct relationship with the foreign company.

This is one of the most important parts of the entire strategy.

Common Business Structures

The U.S. operation may be created as:

• a wholly owned subsidiary;
• a branch office;
• an affiliated company;
• a parent company;
• or another qualifying corporate structure.

In immigration law, this is generally referred to as a qualifying relationship.

Why Ownership Structure Matters

Imagine that you own 100% of your company abroad but open a U.S. company with several unrelated shareholders.

Depending on the ownership and control structure, the relationship between the two companies may no longer meet L-1 requirements.

That is why the immigration plan should ideally be reviewed before:

• shares are issued;
• new investors are added;
• a U.S. company is purchased;
• ownership percentages are finalized;
• or major restructuring takes place.

A business structure that works commercially does not always work for immigration purposes.

Step 3: Open the U.S. Branch, Subsidiary or Affiliate

Once the structure is planned, the company can establish the American operation.

For a new-office L-1A case, the U.S. company does not need to have years of business history.

The category specifically allows international companies to send a qualifying manager or executive to establish a new U.S. operation.

What Counts as a “New Office”?

For L-1 purposes, a new office is generally a U.S. business that has been doing business for one year or less.

The key point is actual commercial activity, not simply the company’s incorporation date.

For example:

• Company incorporated 10 months ago but began serving customers 2 months ago → it may still be treated as a new office.
• Company incorporated 18 months ago and has been actively operating for 14 months → it would generally no longer be a new office.

Step 4: Prepare the U.S. Business for an L-1A New Office Application

A company should not open an American corporation and immediately assume that an L-1A will be approved.

The new U.S. operation must appear credible and capable of supporting the proposed expansion.

What USCIS May Look At

Factors can include:

• the nature of the business;
• available investment capital;
• business premises;
• the proposed organizational structure;
• hiring plans;
• financial projections;
• the foreign company’s size and financial strength;
• the manager’s planned responsibilities;
• and the business plan for the U.S. market.

The company must show that the U.S. operation can realistically develop to the point where the transferred person can work primarily as a manager or executive.

Is a Business Plan Important?

For new-office cases, a strong business plan can be particularly important.

It may help explain:

• what the U.S. company will do;
• how it will generate revenue;
• how many employees it expects to hire;
• how the organization will be structured;
• what the manager will be responsible for;
• and how the business will develop during the first year.

The business plan should be supported by real evidence rather than unrealistic projections.

Step 5: Transfer the Business Owner or Executive With L-1A

Once the corporate structure and U.S. operation are ready, the company may apply to transfer a qualifying manager or executive under L-1A.

Who Can Be Transferred?

The applicant generally must have worked for the foreign company or a qualifying related organization for at least one continuous year within the relevant three-year period.

For a new-office L-1A case, that overseas role must have been managerial or executive.

Business Owner vs. Employee

You do not necessarily need to own the company to qualify.

L-1A can be used by:

• business owners;
• founders;
• CEOs;
• senior executives;
• department heads;
• and qualifying senior managers.

What matters is not just ownership.

USCIS focuses heavily on the person’s actual job responsibilities.

Further Resource: L-1A requirements for managers and executives

What Does USCIS Mean by “Manager” or “Executive”?

This is one of the most important parts of an L-1A case.

Simply giving someone the title of:

• CEO;
• President;
• Managing Director;
• General Manager;
• or Vice President

does not automatically make that person an immigration-qualified executive.

USCIS looks at what the person actually does.

Duties That May Support a Managerial or Executive Role

Examples include:

• setting company strategy;
• making major business decisions;
• managing departments or senior staff;
• controlling important budgets;
• establishing company policies;
• overseeing major business functions;
• approving significant contracts;
• and directing organizational growth.

Duties That May Create Problems

A case may become more difficult if the manager personally spends most of the time:

• answering routine customer inquiries;
• making individual sales;
• performing technical work;
• preparing products;
• delivering the company’s services;
• processing ordinary orders;
• or completing routine administrative work.

This is especially important for smaller companies.

The business must eventually develop enough organizational structure so the manager can manage the business rather than personally perform most of its operational work.

How Much Money Do You Need to Invest?

L-1A does not have a fixed minimum investment amount.

There is no universal rule requiring:

• $100,000;
• $250,000;
• $500,000;
• or any other specific amount.

Instead, the investment should make sense for the proposed business.

Capital Should Match the Business Model

Consider the difference between opening:

• a management consulting company;
• a software firm;
• a warehouse;
• a logistics business;
• a factory;
• or a restaurant.

Each business has very different startup costs.

USCIS may examine whether the U.S. company has enough financial resources to:

• open the business;
• hire staff;
• pay operating expenses;
• execute the business plan;
• and develop a genuine U.S. operation.

The question is therefore not simply “How much did you invest?”

The better question is:

“Is the company adequately funded for the type and scale of business it plans to operate?”

What Happens After the L-1A Is Approved?

For an established U.S. company, L-1A status can generally be approved initially for up to three years.

For a new office, however, the first approval is normally limited to one year.

That first year is critical.

Step 6: Build a Real U.S. Business During the First Year

An L-1A new-office approval gives the business an opportunity to establish itself.

It is not simply a one-year immigration waiting period.

During this time, the U.S. company should work toward the business structure described in its original plan.

Important Developments During the First Year

Depending on the business, this may include:

• hiring employees;
• signing customer contracts;
• generating revenue;
• establishing supplier relationships;
• building management layers;
• leasing commercial space;
• developing operations;
• creating payroll;
• and documenting business activity.

When the company later requests an L-1A extension, USCIS can compare the original plan with what actually happened.

Why Hiring Matters

Hiring is not simply about reaching a particular employee number.

There is no universal rule requiring every L-1A company to employ a fixed number of people.

However, staffing helps answer an important question:

If the beneficiary is truly a senior manager, who is performing the company’s day-to-day work?

A stronger organization usually demonstrates a clearer separation between:

• executive management;
• middle management;
• professional roles;
• and operational employees.

How Long Can You Stay in the U.S. on L-1A?

The general L-1A time limits are:

This seven-year limit is one reason business owners considering permanent residence should think about their long-term immigration strategy early.

Premium Processing for L-1A

Companies filing eligible L-1A petitions with USCIS may request Premium Processing.

For eligible Form I-129 cases, USCIS currently provides a 15-business-day premium-processing timeframe.

Premium Processing speeds up USCIS action, but it does not guarantee approval.

USCIS may:

• approve the petition;
• deny it;
• issue a Request for Evidence;
• issue a Notice of Intent to Deny;
• or take another qualifying action.

Step 7: Can the Business Owner Get a Green Card Later?

Potentially.

Once the U.S. company has developed and meets the required conditions, the business may be able to sponsor the manager or executive under EB-1C Multinational Manager or Executive.

This is where the strategy can potentially move from temporary business immigration to permanent residence.

L-1A Does Not Automatically Turn Into a Green Card

This is important.

An L-1A approval does not guarantee EB-1C approval.

The two classifications are separate.

The company must submit a new Form I-140 immigrant petition and demonstrate that the EB-1C requirements are satisfied at that time.

USCIS reviews the permanent residence case independently.

Further Resource: EB-1C requirements for multinational managers and executives

Step 8: Make Sure the U.S. Company Has Been Operating for at Least One Year

One important difference between L-1A and EB-1C is the treatment of a new U.S. business.

A company may use L-1A to establish a new office.

But the U.S. company cannot normally use EB-1C until it has been doing business in the United States for at least one year.

One Year Means Real Business Activity

Simply having a company registration certificate for one year is not enough.

The U.S. business should have evidence such as:

• customers;
• invoices;
• revenue;
• employees;
• payroll;
• tax records;
• contracts;
• expenses;
• and ongoing operations.

A typical strategy therefore looks like this:

Established foreign company → U.S. company → L-1A New Office → real U.S. operations → at least one year of doing business → EB-1C assessment

Step 9: Build an Organization That Supports an Executive Role

One of the biggest challenges in EB-1C cases is proving that the applicant is genuinely functioning as a senior manager or executive.

USCIS may examine:

• the number and type of employees;
• organizational hierarchy;
• job descriptions;
• payroll;
• the beneficiary’s authority;
• who performs operational work;
• and how the company functions day to day.

Do You Need a Certain Number of Employees?

No fixed number applies to every business.

A company does not automatically qualify because it has 10 or 20 employees.

Similarly, a smaller business is not automatically disqualified.

USCIS considers the reasonable needs of the organization.

The real issue is whether the company has developed enough structure to allow the beneficiary to focus primarily on management.

What About Function Managers?

A manager does not always have to supervise a large team directly.

U.S. immigration law also recognizes function managers.

A function manager may be responsible for managing an essential business function rather than directly supervising many employees.

For example, someone may manage:

• international operations;
• business development;
• global finance;
• supply chain;
• or another essential company function.

The company still needs to show that the person manages that function at a senior level rather than personally performing most of its routine work.

Step 10: File the EB-1C I-140 Petition

Once the U.S. company meets the requirements, it may file Form I-140 under the EB-1C multinational manager or executive category.

Major EB-1C Advantages

For qualifying business owners and executives, EB-1C has several important advantages:

• no fixed minimum investment;
• no PERM Labor Certification;
• no lottery;
• it is designed specifically for multinational managers and executives;
• and it can lead to permanent residence.

Ability to Pay

The U.S. company must also demonstrate its ability to pay the offered wage.

Evidence may include:

• tax returns;
• audited financial statements;
• annual reports;
• payroll records;
• and other financial documents.

Premium Processing for EB-1C

Premium Processing is currently available for EB-1C I-140 petitions.

The current timeframe is 45 business days.

As with L-1A, this means USCIS must take qualifying action within the applicable timeframe.

It does not guarantee approval.

Step 11: Complete the Green Card Process

An approved I-140 is not the physical Green Card.

The applicant must still complete the final permanent residence process.

There are generally two options.

Option 1: Adjustment of Status in the United States

If the applicant is legally in the United States and qualifies to adjust status, they may file Form I-485.

In some cases, Form I-485 may be filed together with the I-140.

This is called Concurrent Filing.

Whether concurrent filing is available depends partly on immigrant visa availability under the Visa Bulletin.

Option 2: Consular Processing

Applicants completing the process outside the United States may proceed through immigrant visa processing.

The case can move through:

1. USCIS;
2. the National Visa Center;
3. the relevant U.S. embassy or consulate;
4. immigrant visa issuance;
5. and admission to the United States as a permanent resident.

Visa procedures can differ depending on nationality and country of residence.

Does Your Nationality Affect This Business Immigration Strategy?

L-1A and EB-1C are not limited to specific nationalities.

A qualifying applicant can potentially come from almost anywhere in the world.

However, nationality and country of birth can affect different parts of the process.

Nationality Can Affect Visa Processing

Depending on your passport, you may face different:

• consular requirements;
• visa issuance procedures;
• security checks;
• travel restrictions;
• or entry rules.

These issues should be reviewed separately for each applicant.

Country of Birth Can Affect the Green Card Timeline

Employment-based immigrant visa availability is generally determined by country of chargeability, which is normally based on country of birth rather than current citizenship.

This becomes particularly important for applicants born in countries with EB-1 backlogs.

EB-1 Visa Bulletin and Country of Birth

As of the September 2026 Visa Bulletin, EB-1 Final Action Dates are:

This means two business owners with almost identical companies and EB-1C cases could still have different Green Card timelines because they were born in different countries.

Visa Bulletin dates change regularly, so the current bulletin should always be checked before planning the final Green Card stage.

Special Note for Canadian Citizens

Canadian citizens have a procedural advantage when applying for L-1 status.

They generally do not need to obtain an L visa stamp from a U.S. consulate before seeking admission.

In qualifying cases, Canadian citizens may be able to present an individual L-1 petition directly at certain ports of entry or U.S. Preclearance locations.

This special procedure is based on Canadian citizenship, not simply residence in Canada.

Permanent residents of Canada do not automatically receive the same benefit.

Can Your Family Move to the U.S. With You?

Yes, qualifying dependents may generally accompany an L-1A beneficiary.

Spouse

A spouse may qualify for L-2 status.

Under current USCIS rules, an L-2 spouse with an I-94 classification of L-2S is generally employment authorized incident to status.

This means the spouse normally does not need a separate EAD simply to have authorization to work.

Children

Unmarried children under 21 may also qualify for L-2 status.

They may generally:

• live in the United States;
• attend school;
• and later apply for permanent residence as derivative beneficiaries if they remain eligible.

Automatic employment authorization for L-2 spouses does not extend to L-2 children.

How Long Does It Take to Move a Business to the USA and Get a Green Card?

There is no single timeline that applies to everyone.

A new-office strategy is affected by both business development and immigration processing.

The full strategy should therefore be treated as a multi-stage business and immigration project, not a guaranteed Green Card within a fixed number of months.

What Makes This Strategy Stronger?

A strong case is usually built on a strong business.

Important factors include:

• an established foreign company;
• clear ownership and control;
• genuine revenue and commercial activity;
• documented managerial experience;
• sufficient capital for U.S. expansion;
• a credible U.S. business plan;
• real U.S. customers and contracts;
• appropriate hiring;
• a logical organizational structure;
• and clear separation between managerial and operational duties.

Common Mistakes When Moving a Business to the USA

Business owners often focus heavily on registering the American company and underestimate the immigration structure.

Common problems include:

Opening the Wrong Corporate Structure

The U.S. company may be commercially valid but fail to establish the required qualifying relationship with the foreign business.

Closing the Foreign Company Too Early

If the overseas business stops operating, the multinational structure supporting the L-1A may be affected.

Remaining a One-Person Business

If the manager personally performs almost every operational task, proving a genuine managerial role can become difficult.

Hiring Without an Organizational Plan

Employee numbers alone are not enough.

The company should develop a structure that makes sense for the business and supports the manager’s role.

Treating L-1A Approval as a Green Card Guarantee

L-1A and EB-1C are separate cases.

The business must continue developing and meet EB-1C requirements when the permanent residence petition is filed.

Focusing Only on Investment Amount

L-1A is not approved based simply on how much money is invested.

The immigration analysis focuses on the entire business structure.

L-1A vs. EB-1C

Frequently Asked Questions

Is Moving Your Business to the USA the Right Immigration Strategy for You?

For international entrepreneurs and executives, expanding an existing business to the United States can provide a practical way to combine business growth with immigration planning.

But the strategy works best when the business expansion is genuine.

The strongest cases usually involve:

• a successful operating company abroad;
• a clear reason to enter the U.S. market;
• a properly structured U.S. business;
• enough financial resources;
• a credible hiring plan;
• genuine business activity;
• and a manager or executive who is truly operating at a senior level.

For this reason, one of the most important decisions is often made before the U.S. company is opened.

Corporate structure, ownership, hiring strategy and the role of the business owner can all affect whether L-1A and EB-1C remain available later.

CanadaPass can review your existing business, ownership structure, managerial background and U.S. expansion plans to determine whether opening a U.S. branch or affiliated company could support an L-1A and future EB-1C strategy.

Important: This article provides general information and does not constitute legal advice. U.S. immigration laws, visa policies, government processing times and Visa Bulletin dates can change. Individual eligibility depends on the facts of each business and applicant.